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Foreign Workers on NIH Awards SOP

Purpose

To allow PIs and other personnel who are not U.S. citizens to work on NIH-supported research projects.

Procedure

Investigators need not be U.S. citizens to apply for a research project grant, e.g., an R01, small grant (R03), or exploratory/developmental grant (R21). Other grant types do have a citizenship requirement (e.g., trainees appointed to training grants, recipients of fellowships and career development awards, small business awards), which will be stated in the funding opportunity announcement.

Foreign nationals who seek to work on NIH-funded grants or contracts need to address visa considerations and requirements of the USA Patriot Act.

The institutional business official is responsible for ensuring that investigators and personnel have appropriate visas.

Foreign Investigators—Visa Issues—Grants

If you are working at a U.S. institution that is receiving the award, you have to remain there long enough to finish your project.

If you do not have a permanent visa, state in your application that your visa will allow you to remain in the U.S. long enough for you to finish your project.

If your visa doesn't cover the life of the grant and you cannot assure us that you will be getting one that does, your institution—the grantee—will have to nominate a replacement PI now, or we may not be able to issue an award.

If NIAID issues a grant award and later finds out that your visa does not allow for a long enough stay, NIAID can take action which may include terminating the grant.

Visa and associated costs are considered consular fees and are not allowable costs unless part of a recruitment package.

Patriot Act

The USA Patriot Act applies to anyone on an NIH-funded research project. Violations can be punished with a $10,000 fine, 10 years imprisonment, or both.

The Act states that people defined as "restricted" cannot work with pathogens or toxins that are potential bioterrorism agents. To see lists of relevant pathogens, go to HHS and USDA Select Agents and Toxins.

NIAID does not require assurances from PIs; your institution is responsible for enforcing the law. If the Patriot Act affects you, call your institutional business office for advice.

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